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(영문) 의정부지방법원 2017.02.17 2016나55333

물품대금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 57,338,616 and its related costs from November 4, 2014 to September 2015 to the Plaintiff.

Reasons

Basic Facts

The Plaintiff is a company that produces and sells books, educational publications, educational instruments, and learning equipment, and the Defendant is a company that produces and supplies books, etc.

B. Around November 2010, the Defendant acquired D (hereinafter “D”) from a private business chain operated by C.

C. The E Co., Ltd. (hereinafter “E”) has supplied D teaching materials. Around November 25, 2010, around November 25, 2010, the time when the Defendant acquired D, E, C, and the Defendant’s representative director: (a) changed the debtor of E-mortgage in the name of E, which was established on G’s real estate to F in order to secure the goods payment obligation for C; and (b) around December 1, 2010, E and D (existing Business Operators) and the Defendant (New Business Operators) changed the debtor of E-mortgage in the name of E, which was established on G’s real estate to F; and (c) around December 1, 2010, E and the Defendant (New Business Operators) entered into a written confirmation of transfer and acquisition of credit (hereinafter “instant confirmation”).